About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

7 Scribes J. Leg. Writing 109 (1998-2000)
The Great Myth That Plain Language Is Not Precise

handle is hein.journals/scrib7 and id is 115 raw text is: The Great Myth That Plain Language Is Not Precise Joseph Kimble Occasionally, when you try to convert from legalese to plain language, someone will come forward and assert that you made a mistake. You missed something in the translation. You inadver- tently changed the substance. Never mind that translating legalese - like translating a foreign language - is no easy matter. Never mind that, despite the difficulties, good writers have successfully revised countless legal documents into plain - or plainer - language. Never mind that many of these documents have involved tough subjects like financial disclosure, corporate takeovers, and disability insurance, not to mention the Federal Rules of Appellate Procedure, Article 9 of the Uniform Commercial Code, and various federal regula- tions issued since the Presidential Memorandum on plain language.' Never mind that for every inadvertent change, you could probably identify several ambiguities or uncertainties in the original docu- ment. Never mind that the revised document will almost certainly be better - dearer and more accurate - than the original. The fact remains that revising and clarifying a legal document always involves some judgment and some risk. See DIv. OF CORP. FINANCE, U. S. SEC. & EXCH. COmM'N, BEFORE & AFrER PLAIN ENGLISH EXAMPLES AND SAMPLE ANALYSES (1998); LAW REFORM COMM'N OF VICTORIA, PLAIN ENGLISH AND THE LAW app. 2, PLAIN ENGLISH REWRITE - TAKEOVERS CODE (1987); DAVID ST. L. KELLY & CHRISTOPHERJ. BALMFORD, LIFE INS. FED'N OF AUSTRALIA, SIMPLIFYING DISABIL1TY INCOME INSURANCE DOCUMENTS (1994); Bryan A. Garner, The Substance of Style in Federal Rules, CLARITY No. 42, Sept. 1998, at 15; Steven 0. Weise, Plain English Comes to the Uniform Commercial Code, CLARITY No. 42, Sept. 1998, at 20; New Source Performance Standards for New Small Municipal Waste Combustion Units, 64 Fed. Reg. 47,275 (1999) (to be codified at 40 C.F.R. pt. 60) (proposed Aug. 30, 1999); Leasing of Solid Minerals Other Than Coal and Oil Share, 43 C.F.R. pt. 3500 (1999)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most